Agenda item

Notice Of Motion Regarding "Opposing Minimum Service Levels" - Given By Councillor Sophie Wilson And To Be Seconded By The Lord Mayor (Councillor Colin Ross)

That this Council:-

 

(a)      notes:-

 

(i)       the right to strike is a fundamental British freedom which is protected by international law; this can be seen in the Human Rights Act, Article 11 of the European Convention on Human Rights, the International Labour Organisation’s Convention 87 and Article 6(4) of the European Social Charter;

 

(ii)       the Strikes (Minimum Service Levels) Act 2023 sets out that when employees in relevant sectors democratically vote to strike they can be required to work and sacked if they don’t comply;

 

(iii)      the Joint Committee on Human Rights has expressed concern that this legislation is not compatible with the UK’s commitments to human rights for workers and trade union members; and

 

(iv)      the Regulatory Policy Committee has determined that the impact assessment for this Bill was ‘not fit for purpose’;

 

(b)      believes:-

 

(i)       the Strikes (Minimum Service Levels) Act 2023 is a direct attack on the right to strike fundamental freedom;

 

(ii)      that consecutive Conservative Governments have been carrying out brutal attacks on trade unions for decades, culminating with this most recent attack on the right to strike;

 

(iii)      that this Government, instead of tackling the causes of the cost-of-living crisis, are attempting to cut through the recent wave of strikes by trying to shift the blame from profiteering bosses who have manufactured unsustainable levels of inflation, on to ordinary workers who are exercising their right to fight for dignity and fair pay at work and in their lives;

 

(iv)      the regime initiated by the Strikes (Minimum Service Levels) Act 2023 is draconian, unnecessary and unworkable;

 

(v)      the Act undermines constructive industrial relations and is likely to inflame and prolong disputes; and

 

(vi)      that this Act is a direct attack on the freedoms of the ordinary, hardworking residents of our city; and

 

(c)      resolves:-

 

(i)       to ask the Strategy and Resources Policy Committee to consider how the Council will, if it can use provisions in the Act, continue to protect the rights of its workers to strike and how it should be reflected in our policies, such as the ethical procurement policy;

 

(ii)       to raise these concerns with all relevant bodies - including the Fire and Rescue Authority, Health boards, and any other relevant bodies with employee status;

 

(iii)      to work with local unions and our trades council to oppose this legislation together as effectively as possible; and

 

(iv)      to write to the Rt. Hon. Sir Keir Starmer and demand he pledges an incoming Labour government to reverse fines and other measures taken against any union under the terms of the Strikes (Minimum Service Levels) Act 2023.

 

 

Minutes:

9.1

RESOLVED: On the motion of Councillor Paul Turpin, seconded by Councillor Marieanne Elliot, that, in accordance with Council Procedure Rule 9.1, the order of business as published on the Council Summons be altered by taking item 10 on the agenda (Notice of Motion Regarding “Opposing Minimum Service Levels”) at this point in the proceedings.

 

 

 

 

9.2

It was moved by Councillor Sophie Wilson, and formally seconded by the Lord Mayor (Councillor Colin Ross), that this Council:-

 

 

 

 

 

(a)      notes:-

 

 

 

 

 

(i)       the right to strike is a fundamental British freedom which is protected by international law; this can be seen in the Human Rights Act, Article 11 of the European Convention on Human Rights, the International Labour Organisation’s Convention 87 and Article 6(4) of the European Social Charter;

 

 

 

 

 

(ii)       the Strikes (Minimum Service Levels) Act 2023 sets out that when employees in relevant sectors democratically vote to strike they can be required to work and sacked if they don’t comply;

 

 

 

 

 

(iii)      the Joint Committee on Human Rights has expressed concern that this legislation is not compatible with the UK’s commitments to human rights for workers and trade union members; and

 

 

 

 

 

(iv)      the Regulatory Policy Committee has determined that the impact assessment for this Bill was ‘not fit for purpose’;

 

 

 

 

 

(b)      believes:-

 

 

 

 

 

(i)       the Strikes (Minimum Service Levels) Act 2023 is a direct attack on the right to strike fundamental freedom;

 

 

 

 

 

(ii)       that consecutive Conservative Governments have been carrying out brutal attacks on trade unions for decades, culminating with this most recent attack on the right to strike;

 

 

 

 

 

(iii)      that this Government, instead of tackling the causes of the cost-of-living crisis, are attempting to cut through the recent wave of strikes by trying to shift the blame from profiteering bosses who have manufactured unsustainable levels of inflation, on to ordinary workers who are exercising their right to fight for dignity and fair pay at work and in their lives;

 

 

 

 

 

(iv)      the regime initiated by the Strikes (Minimum Service Levels) Act 2023 is draconian, unnecessary and unworkable;

 

 

 

 

 

(v)      the Act undermines constructive industrial relations and is likely to inflame and prolong disputes; and

 

 

 

 

 

(vi)      that this Act is a direct attack on the freedoms of the ordinary, hardworking residents of our city; and

 

 

 

 

 

(c)      resolves:-

 

 

 

 

 

(i)       to ask the Strategy and Resources Policy Committee to consider how the Council will, if it can use provisions in the Act, including the discretion not to issue work notices, continue to protect the rights of its workers to strike and how it should be reflected in our policies, such as the ethical procurement policy;

 

 

 

 

 

(ii)       to raise these concerns with all relevant bodies - including the Fire and Rescue Authority, Health boards, and any other relevant bodies with employee status;

 

 

 

 

 

(iii)      to work with local unions and our trades council to oppose this legislation together as effectively as possible; and

 

 

 

 

 

(iv)      to write to the Rt. Hon. Sir Keir Starmer and demand he pledges an incoming Labour government to reverse fines and other measures taken against any union under the terms of the Strikes (Minimum Service Levels) Act 2023.

 

 

 

 

9.2.1

(NOTE: With the agreement of the Council and at the request of the mover of the Motion (Councillor Sophie Wilson), the Motion as published on the agenda was altered by the insertion of the words “, including the discretion not to issue work notices,” between the words “to consider how the Council will, if it can use provisions in the Act” and the words “continue to protect the rights of its workers to strike”, in sub-paragraph (c)(i) of the Motion.)

 

 

 

 

9.3

Whereupon, it was moved by Councillor Peter Price, and seconded by Councillor Mike Chaplin, as an amendment, that the Motion now submitted be amended by the deletion of paragraph (c) and the addition of new paragraphs (c) to (f) as follows:-

 

 

 

 

 

(c)      notes that an incoming Labour government would repeal the Strikes (Minimum Service Levels) Act and that Labour has been vocal in their opposition to this piece of legislation; 

 

 

 

 

 

(d)      notes that an incoming Labour government would, from day one, implement a New Deal for Working People – which will strengthen the rights and protections for all workers, and believes that a strengthening of rights and improved working conditions is not only the right thing to do for employees but is also the right thing for our economy and wider society; 

 

 

 

 

 

(e)      supports Labour’s approach to provide people with real help right now and a vision for the future of work where working people enjoy dignity, gain security, receive respect, and are supported to prosper; and 

 

 

 

 

 

(f)       resolves to work with trades unions and other relevant bodies to do everything we can to avoid the prospect of work notices being issued, whilst supporting the fundamental right of workers to strike and to fight for dignity and fair pay at work.

 

 

 

 

9.4

It was then moved by Councillor Joe Otten, and seconded by Councillor Sophie Thornton, as an amendment, that the Motion now submitted be amended by:-

 

 

 

 

 

1.       the deletion of sub-paragraph (b)(iii) and the addition of a new sub-paragraph (b)(iii) as follows:-

 

 

 

 

 

(iii)      that this Government, instead of developing a unifying vision for national success and shared prosperity, is engaging in a divisive blame game over the state of public services against a movement dominated by political opponents;

 

 

 

 

 

2.       the addition of a new sub-paragraph (c)(iv) as follows, and the re-lettering of the original sub-paragraph (c)(iv) as a new sub-paragraph (c)(v):-

 

 

 

 

 

(iv)      to welcome the Liberal Democrat policy “Strengthening the ability of unions to represent workers effectively by broadening the right to collective bargaining in pay and conditions, including pay and pensions, working time and holidays, equality issues, health and safety, training and development, work organisation and the nature and level of staffing.”;

 

 

 

 

 

3.       the addition of a new sub-paragraph (c)(vi) as follows:-

 

 

 

 

 

(vi)      in so doing, to remind Sir Keir of his leadership election pledge (since deleted) to “Repeal the Trade Union Act. Oppose Tory attacks on the right to take industrial action and the weakening of workplace rights.”.

 

 

 

 

9.5

It was then moved by Councillor Toby Mallinson, and seconded by Councillor Martin Phipps, as an amendment, that the Motion now submitted be amended by:-

 

 

 

 

 

1.       the addition of a new sub-paragraph (a)(iii) as follows, and the re-lettering of the original sub-paragraphs (a)(iii) and (iv) as new sub-paragraphs (a)(iv) and (v):-

 

 

 

 

 

(iii)      that the Strikes (Minimum Service Levels) Act 2023 exposes Trade Unions to being liable to pay damages of up to £1 million, and forces Trade Unions to act as enforcement agents on behalf of employers and the government;

 

 

 

 

 

2.       the addition of a new sub-paragraph (a)(vi) as follows:-

 

 

 

 

 

(vi)      that today, 6th December, Green Party Baroness,Natalie Bennett, will move a Fatal Motion in the House of Lords on the Government’s Anti-Strike Regulations;

 

 

 

 

 

3.       the addition of new sub-paragraphs (b)(vii) to (ix) as follows:-

 

 

 

 

 

(vii)     that if Keir Starmer’s Labour refuse to back the Green Fatal Motion it will further demonstrate his betrayal of British workers, his contempt for democracy and basic democratic rights and further expose his duplicity when campaigning to be the leader of the Labour Party;

 

 

 

 

 

(viii)    existing anti-union and anti-strike laws introduced since 1979 should be repealed, including bans on secondary picketing, and bans on industrial action for political objectives including climate and ecological justice; and

 

 

 

 

 

(ix)      these laws should be replaced with a positive charter of workers’ and trade union rights, enshrining the fundamental right to organise and strike, drawn up in consultation with trade unions;

 

 

 

 

 

4.       the addition of a new sub-paragraph (c)(iv) as follows, and the re-lettering of the original sub-paragraph (c)(iv) as a new sub-paragraph (c)(v):-

 

 

 

 

 

(iv)      to urge members of the House of Lords to support the motions to reject the Strikes Minimum Service Levels regulations for the Code of Practice for Unions, for the NHS Ambulance Services and NHS Patient Transport Service, for Border Security and Passenger Rail services;

 

 

 

 

9.6

After a contribution from one other Member, and following a right of reply from Councillor Sophie Wilson, the amendment moved by Councillor Peter Price was put to the vote and was lost, with the exception of paragraph (f) of the amendment which was carried.

 

 

 

 

9.6.1

The votes on the Amendment were ordered to be recorded and were as follows:-

 

 

 

 

 

For paragraph (f) of the Amendment (70)

-

The Lord Mayor (Councillor Colin Ross), the Deputy Lord Mayor (Councillor Jayne Dunn)  and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Denise Fox, Bryan Lodge, Karen McGowan, Angela Argenzio, Brian Holmshaw, Talib Hussain, Mark Jones, Douglas Johnson, Ruth Mersereau, Martin Phipps, Tim Huggan, Minesh Parekh, Ruth Milsom, Mary Lea, Zahira Naz, Joe Otten, Martin Smith, Robert Reiss, Craig Gamble Pugh, Alan Woodcock, Roger Davison, Barbara Masters, Shaffaq Mohammed, Abdul Khayum, Sue Alston, Andrew Sangar, Cliff Woodcraft, Alexi Dimond, Marieanne Elliot, Ian Auckland, Mohammed Mahroof, Steve Ayris, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Sioned-Mair Richards, Terry Fox,  Laura Moynahan, Tony Downing, Glynis Chapman, Gail Smith, Ibby Ullah, Maroof Raouf, Nighat Basharat, Ben Miskell, Nabeela Mowlana, Sophie Wilson,David Barker, Mike Drabble, Dianne Hurst, Peter Price, Mike Chaplin, Penny Baker, Richard Williams, Julie Grocutt, Janet Ridler, Laura McClean, Tom Hunt, Alan Hooper, Mike Levery, Ann Whitaker, Mick Rooney and Alison Norris.

 

 

 

 

 

Against paragraph (f) of the Amendment (0)

-

None.

 

 

 

 

 

Abstained from voting on paragraph (f) of the Amendment (0)

-

None.

 

 

 

 

 

For the rest of the Amendment (31)

-

The Deputy Lord Mayor (Councillor Jayne Dunn) and Councillors Denise Fox, Bryan Lodge, Karen McGowan, Talib Hussain, Mark Jones, Minesh Parekh, Ruth Milsom, Mary Lea, Zahira Naz, Craig Gamble Pugh, Abdul Khayum, Sioned-Mair Richards, Terry Fox, Laura Moynahan, Tony Downing, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, David Barker, Mike Drabble, Dianne Hurst, Peter Price, Mike Chaplin, Julie Grocutt, Janet Ridler, Laura McClean, Tom Hunt, Mick Rooney and Alison Norris.

 

 

 

 

 

Against the rest of the Amendment (39)

-

The Lord Mayor (Councillor Colin Ross) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Angela Argenzio, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Tim Huggan, Joe Otten, Martin Smith, Robert Reiss, Alan Woodcock, Roger Davison, Barbara Masters, Shaffaq Mohammed, Sue Alston, Andrew Sangar, Cliff Woodcraft, Alexi Dimond, Marieanne Elliot, Ian Auckland, Mohammed Mahroof, Steve Ayris, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Glynis Chapman, Gail Smith, Maroof Raouf, Sophie Wilson, Penny Baker, Richard Williams, Alan Hooper, Mike Levery and Ann Whitaker.

 

 

 

 

 

Abstained from voting on the rest of the Amendment (0)

-

None.

 

 

9.7

The amendment moved by Councillor Joe Otten was then put to the vote and was carried on the basis that Part 1 of the amendment was to be an additional sub-paragraph to the Substantive Motion, not a replacement sub-paragraph.

 

 

9.7.1

The votes on the Amendment were ordered to be recorded and were as follows:-

 

 

 

For Part 1 of the Amendment (58)

-

The Lord Mayor (Councillor Colin Ross), the Deputy Lord Mayor (Councillor Jayne Dunn) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Denise Fox, Bryan Lodge, Karen McGowan, Talib Hussain, Mark Jones, Tim Huggan, Minesh Parekh, Mary Lea, Zahira Naz, Joe Otten, Martin Smith, Robert Reiss, Craig Gamble Pugh, Alan Woodcock, Roger Davison, Barbara Masters, Shaffaq Mohammed, Abdul Khayum, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Mohammed Mahroof, Steve Ayris, Sioned-Mair Richards, Terry Fox, Laura Moynahan, Tony Downing, Glynis Chapman, Gail Smith, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, Sophie Wilson,David Barker, Mike Drabble, Dianne Hurst, Peter Price, Mike Chaplin, Tony Damms, Penny Baker, Richard Williams, Janet Ridler, Laura McClean, Tom Hunt, Alan Hooper, Mike Levery, Ann Whitaker, Mick Rooney and Alison Norris.

 

 

 

 

 

(NB. Labour Group Members and Councillor Sophie Wilson voted for the new sub-paragraph (b)(iii) in Part 1 of the amendment to be an additional sub-paragraph to the Substantive Motion, not a replacement sub-paragraph.)

 

 

 

 

 

Against Part 1 of the Amendment (11)

-

Councillors Angela Argenzio, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Alexi Dimond, Marieanne Elliot, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage and Maroof Raouf.

 

 

 

 

 

Abstained from voting on Part 1 of the Amendment (0)

-

None.

 

 

 

 

 

For Part 2 of the Amendment (32)

-

The Lord Mayor (Councillor Colin Ross) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Denise Fox, Bryan Lodge, Tim Huggan, Joe Otten, Martin Smith, Robert Reiss, Alan Woodcock, Roger Davison, Barbara Masters, Shaffaq Mohammed, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Mohammed Mahroof, Steve Ayris, Terry Fox, Glynis Chapman, Gail Smith, Dianne Hurst, Tony Damms, Penny Baker, Richard Williams, Alan Hooper, Mike Levery and Ann Whitaker.

 

 

 

 

 

Against Part 2 of the Amendment (11)

-

Councillors Angela Argenzio, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Alexi Dimond, Marieanne Elliot, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage and Maroof Raouf.

 

 

 

 

 

Abstained from voting on Part 2 of the Amendment (26)

-

The Deputy Lord Mayor (Councillor Jayne Dunn) and Councillors Karen McGowan, Talib Hussain, Mark Jones, Minesh Parekh, Mary Lea, Zahira Naz, Craig Gamble Pugh, Abdul Khayum, Sioned-Mair Richards, Laura Moynahan, Tony Downing, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, Sophie Wilson,David Barker, Mike Drabble, Peter Price, Mike Chaplin, Janet Ridler, Laura McClean, Tom Hunt, Mick Rooney and Alison Norris.

 

 

 

 

 

For Part 3 of the Amendment (44)

-

The Lord Mayor (Councillor Colin Ross) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Denise Fox, Bryan Lodge, Angela Argenzio, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Tim Huggan, Joe Otten, Martin Smith, Robert Reiss, Alan Woodcock, Roger Davison, Barbara Masters, Shaffaq Mohammed, Sue Alston, Andrew Sangar, Cliff Woodcraft, Alexi Dimond, Marieanne Elliot, Ian Auckland, Mohammed Mahroof, Steve Ayris, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Terry Fox, Glynis Chapman, Gail Smith, Maroof Raouf, Sophie Wilson, Dianne Hurst, Tony Damms, Penny Baker, Richard Williams, Alan Hooper, Mike Levery and Ann Whitaker.

 

 

 

 

 

Against Part 3 of the Amendment (25)

-

The Deputy Lord Mayor (Councillor Jayne Dunn) and Councillors Karen McGowan, Talib Hussain, Mark Jones, Minesh Parekh, Mary Lea, Zahira Naz, Craig Gamble Pugh, Abdul Khayum, Sioned-Mair Richards, Laura Moynahan, Tony Downing, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, David Barker, Mike Drabble, Peter Price, Mike Chaplin, Janet Ridler, Laura McClean, Tom Hunt, Mick Rooney and Alison Norris.

 

 

 

 

 

Abstained from voting on Part 3 of the Amendment (0)

-

None.

 

 

 

 

9.8

The amendment moved by Councillor Toby Mallinson was then put to the vote and was carried, but in part.  Parts 1, sub-paragraphs (viii) and (ix) in Part 3, and Part 4 of the amendment were carried, and Part 2 and sub-paragraph (vii) in Part 3 of the amendment were lost.

 

 

9.8.1

The votes on the Amendment were ordered to be recorded and were as follows:-

 

 

 

 

 

 

For Part 1 and sub-paragraph (ix) in Part 3 of the Amendment (42)

-

The Deputy Lord Mayor (Councillor Jayne Dunn)  and Councillors Denise Fox, Bryan Lodge, Karen McGowan, Brian Holmshaw, Talib Hussain, Mark Jones, Douglas Johnson, Ruth Mersereau, Martin Phipps, Minesh Parekh, Ruth Milsom, Mary Lea, Craig Gamble Pugh, Abdul Khayum, Alexi Dimond, Marieanne Elliot, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Sioned-Mair Richards, Terry Fox,  Laura Moynahan, Tony Downing, Ibby Ullah, Maroof Raouf, Nighat Basharat, Ben Miskell, Nabeela Mowlana, Sophie Wilson,David Barker, Mike Drabble, Dianne Hurst, Peter Price, Mike Chaplin, Tony Damms, Julie Grocutt, Janet Ridler, Laura McClean, Tom Hunt, Mick Rooney and Alison Norris.

 

 

 

 

 

Against Part 1 and sub-paragraph (ix) in Part 3 of the Amendment (0)

-

None.

 

 

 

 

 

Abstained from voting on Part 1 and sub-paragraph (ix) in Part 3 of the Amendment (25)

-

The Lord Mayor (Councillor Colin Ross) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Tim Huggan, Joe Otten, Martin Smith, Robert Reiss, Alan Woodcock, Roger Davison, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Mohammed Mahroof, Steve Ayris, Glynis Chapman, Gail Smith, Penny Baker, Richard Williams, Alan Hooper, Mike Levery and Ann Whitaker.

 

 

 

 

 

For Part 2 and sub-paragraph (vii) in Part 3 of the Amendment (17)

-

Councillors Denise Fox, Bryan Lodge, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Alexi Dimond, Marieanne Elliot, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Terry Fox, Maroof Raouf, Sophie Wilson, Dianne Hurst, Tony Damms and Julie Grocutt.

 

 

 

 

 

Against Part 2 and sub-paragraph (vii) in Part 3 of the Amendment (25)

-

The Deputy Lord Mayor (Councillor Jayne Dunn) and Councillors Karen McGowan, Talib Hussain, Mark Jones, Minesh Parekh, Ruth Milsom, Mary Lea, Craig Gamble Pugh, Abdul Khayum, Sioned-Mair Richards, Laura Moynahan, Tony Downing, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, David Barker, Mike Drabble, Peter Price, Mike Chaplin, Janet Ridler, Laura McClean, Tom Hunt, Mick Rooney and Alison Norris.

 

 

 

 

 

Abstained from voting on Part 2 and sub-paragraph (vii) in Part 3 of the Amendment (25)

-

The Lord Mayor (Councillor Colin Ross) and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Tim Huggan, Joe Otten, Martin Smith, Robert Reiss, Alan Woodcock, Roger Davison, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Mohammed Mahroof, Steve Ayris, Glynis Chapman, Gail Smith, Penny Baker, Richard Williams, Alan Hooper, Mike Levery and Ann Whitaker.

 

 

 

 

 

For Part 4 and sub-paragraph (viii) in Part 3 of the Amendment (17)

-

Councillors Denise Fox, Bryan Lodge, Brian Holmshaw, Douglas Johnson, Ruth Mersereau, Martin Phipps, Alexi Dimond, Marieanne Elliot, Christine Gilligan Kubo, Toby Mallinson, Henry Nottage, Terry Fox, Maroof Raouf, Sophie Wilson, Dianne Hurst, Tony Damms and Julie Grocutt.

 

 

 

 

 

Against Part 4 and sub-paragraph (viii) in Part 3 of the Amendment (0)

-

None.

 

 

 

 

 

Abstained from voting on Part 4 and sub-paragraph (viii) in Part 3 of the Amendment (50)

-

The Lord Mayor (Councillor Colin Ross), the Deputy Lord Mayor (Councillor Jayne Dunn)  and Councillors Simon Clement-Jones, Sophie Thornton, Ian Horner, Kurtis Crossland, Ann Woolhouse, Karen McGowan, Talib Hussain, Mark Jones, Tim Huggan, Minesh Parekh, Ruth Milsom, Mary Lea, Joe Otten, Martin Smith, Robert Reiss, Craig Gamble Pugh, Alan Woodcock, Roger Davison, Abdul Khayum, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Mohammed Mahroof, Steve Ayris, Sioned-Mair Richards, Laura Moynahan, Tony Downing, Glynis Chapman, Gail Smith, Ibby Ullah, Nighat Basharat, Ben Miskell, Nabeela Mowlana, David Barker, Mike Drabble, Peter Price, Mike Chaplin, Penny Baker, Richard Williams, Janet Ridler, Laura McClean, Tom Hunt, Alan Hooper, Mike Levery, Ann Whitaker, Mick Rooney and Alison Norris.

 

 

 

9.9

The original Motion, as amended, was then put as a Substantive Motion in the following form and carried:-

 

 

 

 

 

 

 

 

RESOLVED:  That this Council:-

 

 

 

 

 

(a)      notes:-

 

 

 

 

 

(i)       the right to strike is a fundamental British freedom which is protected by international law; this can be seen in the Human Rights Act, Article 11 of the European Convention on Human Rights, the International Labour Organisation’s Convention 87 and Article 6(4) of the European Social Charter;

 

 

 

 

 

(ii)       the Strikes (Minimum Service Levels) Act 2023 sets out that when employees in relevant sectors democratically vote to strike they can be required to work and sacked if they don’t comply;

 

 

 

 

 

(iii)      that the Strikes (Minimum Service Levels) Act 2023 exposes Trade Unions to being liable to pay damages of up to £1 million, and forces Trade Unions to act as enforcement agents on behalf of employers and the government;

 

 

 

 

 

(iv)      the Joint Committee on Human Rights has expressed concern that this legislation is not compatible with the UK’s commitments to human rights for workers and trade union members; and

 

 

 

 

 

(v)      the Regulatory Policy Committee has determined that the impact assessment for this Bill was ‘not fit for purpose’;

 

 

 

 

 

(b)      believes:-

 

 

 

 

 

(i)       the Strikes (Minimum Service Levels) Act 2023 is a direct attack on the right to strike fundamental freedom;

 

 

 

 

 

(ii)       that consecutive Conservative Governments have been carrying out brutal attacks on trade unions for decades, culminating with this most recent attack on the right to strike;

 

 

 

 

 

(iii)      that this Government, instead of tackling the causes of the cost-of-living crisis, are attempting to cut through the recent wave of strikes by trying to shift the blame from profiteering bosses who have manufactured unsustainable levels of inflation, on to ordinary workers who are exercising their right to fight for dignity and fair pay at work and in their lives;

 

 

 

 

 

(iv)      that this Government, instead of developing a unifying vision for national success and shared prosperity, is engaging in a divisive blame game over the state of public services against a movement dominated by political opponents;

 

 

 

 

 

(v)      the regime initiated by the Strikes (Minimum Service Levels) Act 2023 is draconian, unnecessary and unworkable;

 

 

 

 

 

(vi)      the Act undermines constructive industrial relations and is likely to inflame and prolong disputes;

 

 

 

 

 

(vii)     that this Act is a direct attack on the freedoms of the ordinary, hardworking residents of our city;

 

 

 

 

 

(viii)    existing anti-union and anti-strike laws introduced since 1979 should be repealed, including bans on secondary picketing, and bans on industrial action for political objectives including climate and ecological justice; and

 

 

 

 

 

(ix)      these laws should be replaced with a positive charter of workers’ and trade union rights, enshrining the fundamental right to organise and strike, drawn up in consultation with trade unions;

 

 

 

 

 

(c)      resolves:-

 

 

 

 

 

(i)       to ask the Strategy and Resources Policy Committee to consider how the Council will, if it can use provisions in the Act, including the discretion not to issue work notices, continue to protect the rights of its workers to strike and how it should be reflected in our policies, such as the ethical procurement policy;

 

 

 

 

 

(ii)       to raise these concerns with all relevant bodies - including the Fire and Rescue Authority, Health boards, and any other relevant bodies with employee status;

 

 

 

 

 

(iii)      to work with local unions and our trades council to oppose this legislation together as effectively as possible;

 

 

 

 

 

(iv)      to welcome the Liberal Democrat policy “Strengthening the ability of unions to represent workers effectively by broadening the right to collective bargaining in pay and conditions, including pay and pensions, working time and holidays, equality issues, health and safety, training and development, work organisation and the nature and level of staffing.”;

 

 

 

 

 

(v)      to urge members of the House of Lords to support the motions to reject the Strikes Minimum Service Levels regulations for the Code of Practice for Unions, for the NHS Ambulance Services and NHS Patient Transport Service, for Border Security and Passenger Rail services;

 

 

 

 

 

(vi)      to write to the Rt. Hon. Sir Keir Starmer and demand he pledges an incoming Labour government to reverse fines and other measures taken against any union under the terms of the Strikes (Minimum Service Levels) Act 2023; and

 

 

 

 

 

(vii)     in so doing, to remind Sir Keir of his leadership election pledge (since deleted) to “Repeal the Trade Union Act. Oppose Tory attacks on the right to take industrial action and the weakening of workplace rights.”; and

 

 

 

 

 

(d)      resolves to work with trades unions and other relevant bodies to do everything we can to avoid the prospect of work notices being issued, whilst supporting the fundamental right of workers to strike and to fight for dignity and fair pay at work.

 

 

 

 

 

 

 

9.9.1

(NOTE: The result of the vote on the Substantive Motion was FOR - 69 Members; AGAINST - 0 Members; ABSTENTIONS – 0 Members.  Although Labour Group Members voted for, they voted against sub-paragraphs (c)(vi) and (vii), and abstained from voting on sub-paragraphs (b)(viii) and (c)(iv) and (v) of the Substantive Motion. Although Liberal Democrat Group Members voted for, they abstained from voting on sub-paragraphs (a)(iii), (b)(iii), (viii) and (ix) and (c)(v) of the Substantive Motion. Although Green Group Members voted for, they voted against sub-paragraph (c)(iv) of the Substantive Motion.)